Daily Archives: December 25, 2022

NE: Police don’t have to decide the constitutionality of the laws they enforce

Police officers are not legal scholars, and they don’t have to guess as to the constitutionality of the laws they enforced. They need only act reasonably in reliance on statute or ordinance. State v. Albarenga, 313 Neb. 72 (Dec. 23, … Continue reading

Posted in Excessive force, Good faith exception, Reasonable suspicion, Reasonableness | Comments Off on NE: Police don’t have to decide the constitutionality of the laws they enforce

N.D.Ill.: PC for admin. warrant became stale before it was sought

This administrative search warrant under OSHA became stale by the government’s delay in seeking it and litigation delays. Also, USMJs have jurisdiction to issue administrative inspection warrants. F.R.C.P. 72 objections do not apply to administrative warrants because they frustrate enforcement … Continue reading

Posted in Administrative search, Franks doctrine, Reasonable suspicion, Staleness | Comments Off on N.D.Ill.: PC for admin. warrant became stale before it was sought

MD: RS is based on an objective test

“[T]he totality of the circumstances assessment to determine the existence of reasonable articulable suspicion is and remains an objective test.” Flight can also be consistent with innocence. Washington v. State, 2022 Md. LEXIS 524 (Dec. 19, 2022). Reasonable suspicion developed … Continue reading

Posted in Prison and jail searches, Reasonable suspicion | Comments Off on MD: RS is based on an objective test

NJ: Opening a car door is a search

Opening a car door is a search. State v. Gray, 2022 N.J. Super. LEXIS 144 (Dec. 20, 2022). “In sum, the Court finds it is clear that Officer Spain’s purpose in opening Defendant’s door and asking him to step out … Continue reading

Posted in Emergency / exigency, Search | Comments Off on NJ: Opening a car door is a search